About Me

Hello. I'm Joshua Holte. I'm a poor college student that loves going to class. I study hard, and it feels great! Although school can be pretty stressful, I've found an outlet by starting this blog and writing about my favorite topic, law and government. I feel that it's really important to be knowledgeable about the political situations in our world, so I hope you learn something about it here at Inwarrnambool.

Preconstitutional American Law

Posted by Joshua Holte on 12:22 pm in Uncategorized | Comments Off on Ex Parte Divorce: What It Is and Why You Would File for One

Ex parte divorce is a divorce wherein your former and/or estranged spouse does not participate. In many states, your ex must be served with due notice that you are filing for divorce. In other states, if you have not heard from or seen your ex in years, a presumption of death or an assumption that your ex has left the country is taken in lieu of direct contact. Here is more on an ex parte divorce and why you would file for one. Your Ex Was Served Due Notice but Does Not Show There are many reasons why your ex would not show up to court for a divorce hearing. He or she could be several states removed and unable to make it back. Perhaps he or she has no intentions of contesting the divorce, so he/she has decided to let the court make the divorce final. It could also be that he or she thinks he/she needs a lawyer for a divorce but does not have the money to hire one and, therefore, chooses not to appear. Whatever the reason, the court officer that serves your ex with notice only has to relay to the court the state in which notice was served and that the notice was successfully served on a specific date. Your Ex Could Not Be Found When years and years go by and you have no idea where your ex spouse is, the courts have to do everything possible to track him/her down. When he/she cannot be located at all, it is assumed that your ex has either fled the country for some unknown reason, met with foul play and labeled a “John/Jane Doe,” or possibly has entered the witness protection program. Whatever the case, you and your lawyer may proceed with the ex parte divorce. Why You Would File for an Ex Parte Divorce There are many reasons to file ex parte. You may want to claim the property (e.g. car, house, etc) that your ex left behind, either to own it yourself or sell it. You may want your ex’s parental rights severed, or you may want to track him/her down to enforce child support payments. Finally, after years of being alone and estranged from your spouse, you may have found a new partner and want to get married, in which case you would need a divorce from the spouse you have not seen in years. For more information about the ex parte divorce process, check...

If you need to testify in court for your family law case, then it is important that you understand how to do so successfully. Since the courts rely on your testimony to help make their decisions in your case, being able to successfully testify may mean the difference between winning and losing in court. To this end, below are some tips to help you effectively testify in your family law case: Tip: Ensure You Accurately Heard the Question that was Asked As you are sitting on the witness stand, it is normal for you to feel nervous or apprehensive. Since it is hard to pay attention when you are feeling this way, it is vital that you ensure that you accurately heard the question that you were asked before giving your answer. One trick to making sure you heard the question is to silently repeat it back to yourself first and then formulate your answer. If you cannot remember the exact wording of the question, then you may not have heard it correctly and should ask for it to be repeated. Tip: Only Answer the Question You Were Asked When one of the attorneys asks you a question, you should be very careful to only answer exactly what was asked of you and no more. For example, if the attorney asks you where your children go to school, your answer should simply be the children’s names and the name of the schools they attend. You should not embellish or give any additional information. The court has not asked you if your children excel at sports, are in the band, or if they have lots of friends. Adding this information is not necessary and can actually hurt your case if you unknowingly say the wrong thing. Tip: Always Tell the Truth to the Court Finally, even if the truth is not flattering or helpful for your case, it is imperative that you always tell the truth while you are testifying in the family courts. If your soon-to-be-ex has discovered that you went on a wild partying weekend with your friends and their attorney is asking you questions about it, then you must be honest. While you should never make embellishments, you should also never downplay anything that actually happened. For example, if you went to the bar and had five drinks and the attorney asks you how many drinks you had that night, then your answer should simply be five. There is no need to give more information unless you are asked, and trying to cover for yourself and say you had less alcohol could just make you look like a liar and hurt your case. For more information, contact a family lawyer, like one from Sherri H. Stoney Law...

Posted by Joshua Holte on 1:04 pm in Uncategorized | Comments Off on Two Reasons Why You Need An Attorney After A Car Accident

A car accident is one life event that can leave a person reeling. If you’ve recently been in a collision, you may be dealing with not only emotional turmoil, but potentially serious injuries as well. That’s why it’s so vital for you to get a lawyer on your side immediately following a car accident. Learning more about the benefits of car accident attorneys can help you see why it’s so important for you to work with one right away. Lawyers Help You Get What You Deserve The main reason why you need a lawyer is because you deserve just compensation. However, if you’ve never really dealt with the legal side of the aftermath of a car accident, you may not know just how the restitution proceedings will work. If the other party was determined to be at fault, it’s highly likely that you’re receiving settlement offers from their insurance company. While the numbers may sound good, you may not be factoring in all of the things that you should be compensated for. A lawyer will be that objective third party that can keep you from low-balling yourself. For example, if you are a painter by trade and you happened to severely injure your shoulder in the accident, it’s possible that you won’t be able to engage in your line of work for some time. This means that your future earning potential could have been greatly diminished. In these cases, you need additional financial assistance to help cover your expenses until you can recover and get back to work. Your lawyer will fight to make sure you get just compensation. Car Accident Attorneys Help You Gather Evidence Another reason why it’s such a good idea to get a lawyer on your side is because they can help you gather evidence. This is crucial because, if your case goes to trial, you’re going to need all the evidence necessary to prove why you should receive a certain amount of restitution. Lawyers work with experienced investigations teams that can secure the permits necessary to get the evidence that you need. Even if it’s the footage from a street or business camera, you’ll be able to walk into court armed with the evidence to help you come out victorious. Hiring a lawyer after you’ve been in a car collision could prove to be a very wise decision. Don’t wait; contact a car accident attorney right away, so you can enjoy these benefits and many more. Contact a company like The Best and Westover to get...

In many cases, filing for bankruptcy will stop your landlord from evicting you, but it is not guaranteed. There are situations where you can still get evicted despite your ongoing bankruptcy process. Here are three examples of such situations: If You are Illegal Use of Controlled Substances A controlled substance is one whose use has been regulated by the government because of the detrimental effects it can have on a person’s welfare or health. If you are illegally using controlled substances in your rented house, the landlord can have the automatic stay lifted and evict you. Heroin is a good example of a controlled substance. Therefore, if you have been charged with heroin abuse, and the landlord can prove that you had the drug in their house, they can get you evicted. If You are Endangering the Landlord’s Property Any action that endangers the landlord’s property can also get you evicted even if you have filed for bankruptcy. There are several ways in which you can endanger property, such as: Tampering with smoke detectors Driving over the septic field (this compacts the soil around the septic tank and reduces the efficiency of the septic system) Punching holes in walls during careless hanging of artwork In both of these cases, the landlord can evict you whether you caused the damage or used the controlled substances yourself, or allowed others to perform the acts on the landlord’s property. Therefore, be careful with what your friends do if you want to maintain your automatic stay during bankruptcy. If You Fail To Pay Post-Bankruptcy Rent The automatic stay that comes into effect when you file for bankruptcy only applies to pre-bankruptcy rent arrears. This means the landlord will not be able to evict you for failing to pay the rent areas you incurred before filing for bankruptcy. However, if you incur further areas after filing for bankruptcy, you won’t be protected by the automatic stay. In such a case, the landlord can file a motion in court and have the automatic stay lifted so they can evict you. Therefore, if you want to use your bankruptcy to prevent an eviction, make sure you pay all your rent in time after the filing. As you can see, you shouldn’t just file for bankruptcy and hope that the automatic stay will prevent your landlord from evicting you. Rather, you should talk to a bankruptcy attorney, like one from Fessenden Laumer & DeAngelo, PLLC, for advice on what to do to ensure the automatic stay isn’t...

Posted by Joshua Holte on 8:54 am in Uncategorized | Comments Off on 3 Reasons You May Need An Elder Law Attorney If You’re Over 65

There are a lot of changes you will be facing as you reach the average retirement age of 65. Not only will you be dealing with things like Social Security, retirement, and income changes, but you will be entering a new era in your life as a senior citizen. While being over the age of 65 grants you some perks, being a senior citizen also means you could be facing a few potential areas where you will need the advice of an attorney. Elder law attorneys specialize in helping individuals, like you, who are considered senior citizens. Here is a look at a few reasons why you may need an elder law attorney once you turn 65. Age Discrimination by an Employer If you are like a lot of people, you will retire at or around your 65th birthday. However, there are also many senior citizens who would rather continue working at least part time in spite of the fact that they can retire. Unfortunately, senior citizens in the workforce or trying to enter the workforce can face potential discrimination by employers because of their age. If you are ever disregarded for employment or let go from a position and you are certain it is because of your age, a good elder law attorney could help you determine if you could have a case against the employer for discriminatory actions. Estate, Trust, and Will Planning If you have not already done so, now is the perfect time to start thinking about how you would want your assets handled once you are gone. An elder law attorney can help you with all of the aspects of estate planning from making a will to appointing trustees. Your attorney will guide you in making the best decisions about things like who you want to appoint as executor of your estate and what property should be willed to what individual. Social Security and Disability Problems Applying for your social security and receiving benefits beyond the age of 65 is usually not as difficult as it would be if you were younger. However, occasionally, you may run into problems and have to go through an entire claims and appeals process before you can start receiving benefits. Elder law attorneys often focus some of their expertise on helping individuals with these claims and cases. From representing you in hearings to helping you complete necessary documentation, your elder law attorney will be your go-to advisor for this process. Contact a professional like David S. Riehl, Attorney At Law for more...

Posted by Joshua Holte on 2:25 pm in Uncategorized | Comments Off on Telltale Signs That May Mean Your Former Spouse Is Living With Another Person

In some states, cohabitation is a valid ground for the termination of spousal support. Therefore, if you are paying alimony, you should be on the lookout for signs that your partner is cohabiting with another person. Some of the telltale signs to look out for include these four: Tons of Social Media Posts Showing a Shared Life If one or both of the people are constantly on social media, you can use their postings to deduce that they are living together. For example, you shouldn’t jump to conclusion if your former spouse makes a single post about their romantic interest helping out with house chores. After all, one can easily do that even after spending one night over. However, your interest should be raised if there are constant posts of going grocery shopping together, pictures of shared meals at home, and shared vacations Those are the kinds of activities that courts use to determine cohabitation; the more frequent the posts are, the more likely your ex-partner is living with another person. Strange Car Is Permanently In the Garage Most people park their cars where they live. Therefore, you should suspect cohabitation if your former partner’s new love interest constantly parks in your ex-partners garage. It would be difficult for the person to park there if they live elsewhere; that would mean using other means of transportation to reach their parked car. A “Friend” Is Suddenly Performing All the Home Improvements Be wary if an “unknown friend” is suddenly helping your ex-partner take care of their home. For example, it might be that the fence is getting repaired, the walls are getting painted, and there is new landscaping – all accomplished without financial inputs. If you are sure the improvements aren’t getting done by hired help, or your ex-partner has alluded to a mysterious friend, it might be that they have a new cohabiter. Records Show Evidence of Cohabitation If your ex-spouse is truly living with another person, there are records that will inevitably show that they are cohabiting. Here are four examples of such records: Shared bank accounts Family plans for cellphone contracts Both names on car leases It wouldn’t be very convenient for the lovebirds to have those kinds of arrangements if they aren’t living together. The more of these things that apply to your former spouse’s case, the stronger the likelihood that they are cohabiting. Note that suspicions alone might not be enough to prove cohabitation. Hire a lawyer, such as those found at John Alegria Attorney at Law, to help you put together your bits of suspicion into coherent proof for the...

Posted by Joshua Holte on 2:55 pm in Uncategorized | Comments Off on 5 Exceptions To The Personal Injury Statute Of Limitations

Nearly everyone knows about the statute of limitations; it’s a legal stop sign meant to prevent filers from suing another party if a certain amount of time has elapsed since the accident or injury. When it comes to personal injury cases, every state has statutes of limitations that vary from as little as 1 year to up to 6 years. Most states have a statue of limitations of 2 years. If you have been injured because of someone’s negligence, and fear that you have exceeded the statute of limitations in your state, you might be interested in learning about 5 main exceptions. Read on to learn whether or not you still have time to file suit. 1. Discovery of Harm Not all injuries take place in a single instant, some are cumulative. For example, after a toxic substance exposure, the full impact of the damage done to your body could take several years to become obvious. The statue of limitations, therefore, does not begin to run until you discover the harm, not when the harm first happened. You must take note, however, that once you know about the harm, or once you should have known about the harm, you have only a limited amount of time to file suit. If you ignore symptoms and fail to seek medical care, the defendants could argue that a reasonable person would have sought a diagnosis earlier. 2, 3 and 4. Incapacitated, Mentally Ill and Minors If you are incapacitated in some way, such as hospitalized, the statute of limitations can be suspended until your doctor declares you fit again. For those who are mentally ill, no personal injury statute of limitations exists at all. For those who suffer from an injury before they reach their state’s majority, which is 18 in most cases, the statute of limitations clock begins to tick once they reach that age. For example, even children injured at birth are allowed to wait until they are 18 or later to file suit against the medical facility, though in most cases the parents would have already taken action. 5. Change in State of Residence Injured parties can temporarily suspend the statute of limitations by moving to a different state than where the injury occurred, in some instances. Moving back into that state will being the clock ticking again, picking up wherever it left off previously. While relatively rare, for those who fit into the excepted categories above it’s a bonus amount of time to take action. Contact a personal injury attorney or law firm like Bendell Law Firm for more assistance and...

Posted by Joshua Holte on 6:32 am in Uncategorized | Comments Off on Three Reasons You Should See A DUI Defense Lawyer Before A DUI Civil Suit

Getting into a car accident is scary no matter who you are and when it happens. Though car accidents happen on a regular basis, losing control of your vehicle or having a vehicle come at you is an event that can shake you up emotionally. If you got into a car accident due to a drunk driver, one of the ways to collect money for damages and hold them responsible is in civil court. If you are going to sue a drunk driver, it can be to your benefit to find a DUI defense attorney talk to about your case before filing the civil suit. Here are some reasons why. You can find out how much evidence is typically available Seeing a well-known DUI defense attorney can give you an idea on what pleas normally look like in DUI cases and how at fault DUI drivers are typically found in your area. If it is typical for prosecutors to try to throw the book at DUI offenders, there may be significant court information that you can bring into your DUI civil suit. If charges are normally dismissed, you and your civil attorney may need to do more discovery on your own to accuse the defendant as culpable. They know what excuses may be coming If you need a settlement from the DUI case to replace your vehicle and/or your medical needs, time can be of the essence. In order to pay for prescriptions or rehabilitation, you need to have the co-payments or outright payments available. When speaking with a DUI attorney, they will be able to identify the type of defense that the defendant may use to try to decrease their culpability. With your civil attorney, speak with a DUI defense specialist to talk about how to prove damage due to a DUI in a civil court. They listen and observe to make a case In order to help DUI defendants reduce their charges, DUI lawyers must listen to both sides of the story and help determine the defense that they can use for their client. While other attorneys may go into the court case with an idea on what they would like to see as the outcome, a DUI attorney knows that they have to use specific facts or lack of facts to their client’s advantage. Speaking with a lawyer like those at Mesenbourg & Sarratori Law Offices who is a great listener and able to extract details to make your case can make your civil suit more successful and less...

One of the most nerve-wracking things about awaiting a DWI trial is not knowing how severe the penalties will be. There is a wide range of potential penalties depending on how the judge views your case. But there are things you can do to make sure that the penalties are on the lighter side. DWI Sentencing Depends On How Many Offenses You’ve Had If you are a first time offender, you’re in luck. A judge may be more receptive to claims that the drunk driving offense was an accident or that the charges are false. First time DWI sentences also tend to get lighter sentences than a second or third-time offender. If you have a clean criminal record in general, then you can use this to your advantage in arguing that you are an otherwise responsible and law-abiding citizen who simply made a mistake. Your Lawyer Matters Getting an experienced DWI defense attorney like David A. Mansfield to represent your case is important too. A great lawyer should have years of experience dealing specifically with DWI law; ask to see their success rates in defending past DWI charges. Going into the trial without a lawyer is never recommended because a lack of experience can lead to rookie mistakes that will affect your sentencing. If you are considering representing yourself, make sure that you are aware of the different tactics for dispelling a DWI charge, such as arguing against the validity of your blood alcohol test and challenging the legitimacy of your pull-over. Your Temperament Can Affect the Outcome While your personality shouldn’t technically win you any favors with a judge, the fact is that we are all human. Having a pleasant demeanor in the court room may give you more of a chance to speak your mind about what happened as the judge will be more willing to listen. If you also behave with courtesy towards the other people in the court room, including the officer who sentenced you, this can help to paint a picture of you as a respectful person who is not a threat to public safety. Your Plea Finally, you have a bit of say in how severe your penalties will be. You may be able to successfully argue for a lower penalty with your lawyer’s help by coming up with a plea deal. For instance, you might bargain for the right to use an interlock device in your car instead of getting your license taken away...

Posted by Joshua Holte on 9:41 am in Uncategorized | Comments Off on Immediate Actions To Take If You Are Faced With An Unexpected Divorce

If you are suddenly faced with a divorce that you didn’t see coming, this can be a shocking experience. While you will need time to work through a breakup emotionally, there are few logistical things you should be sure to get in order. Here are four immediate actions you should take if you find yourself in the middle of an unexpected divorce. 1. Get Your Assets in Line If you don’t have a clear picture of your finances, you might not set yourself up for settlement that you deserve down the line. Your divorce attorney may have recommendations for financial advisors you can work with you to bring clarity to your situation. If you are worried that your soon-to-be ex-spouse may be hiding assets, your divorce attorney can uncover items in discovery once you are on track with divorce proceedings. 2. Find Someone to Talk to If you have been blindsided with divorce papers, you might run the gamut of emotions, and might be angry, sad, or frustrated. You might want to badmouth your spouse to your kids or family, but this can just raise tensions with family members that aren’t necessarily in a place to pick sides. If you can find a counselor to talk with during this confusing time, you can keep your cool in front of your children and during divorce proceedings. 3. Don’t Make Other Life-Changing Decisions Another emotion that might come through during divorce is a more freeing feeling and the realization that you aren’t tethered down. While you might feel the strong need to do something drastic such as move to a new city or make a big purchase, it is a good idea to wait until your divorce is finalized. These types of changes might not go over so well when it comes to custody decisions or financial profiles for divorce settlements. 4. Involving the Law in Domestic Disputes While a surprise divorce might be shocking, if you might be in a more dire situation, you need to seek out help right away. If you feel in danger either for yourself or your children, discuss this immediately with an attorney so you can move forward with either restraining orders or temporary custody of children. Protecting your emotions, family, and finances are all important factors if you find yourself in the middle of a divorce. While you may be dealing with a life-changing event that is entirely unexpected, it is important to act fast and keep your head on straight when it comes to logistical needs surrounding your divorce....